A/HRC/23/22
V. Conclusions
68.
The present report shows that there have been significant legal developments in
recognition of conscientious objection to military service at the international and
regional levels since the last analytical report of OHCHR in 2006 and its updating
report in 2008. It also shows that there are an increasing number of countries that
recognize conscientious objection not only for conscripts, but also for those serving
voluntarily. Problems remain, however, as some States continue not to recognize
conscientious objection to military service, or do not recognize it for those serving
voluntarily.
69.
Reports of repeated trial or punishment, as well as of ill-treatment of
unrecognized conscientious objectors, are sources of concern. Restrictions on freedom
of expression for those who support conscientious objectors or who support the right
of conscientious objection are also a concern. Additionally, it is of concern that, while
some States have recognized conscientious objection, there is no legal framework or
no adequate legal framework so that the right can be applied in practice, including the
establishment of an alternative service that is compatible with the reasons for the
conscientious objection.
70.
States that have not yet done so should provide information to conscripts and
persons serving voluntarily in the armed services about the right to conscientious
objection, and allow applications both prior to and during military service. States,
subject to the circumstance of the individual case meeting the requirements of the
definition of a refugee as set out in the 1951 Convention relating to the Status of
Refugees, should be encouraged to consider granting asylum to conscientious
objectors who feel compelled to leave their country of origin because they fear
persecution owning to their refusal to perform military service when there is no
provision, or no adequate provision, for conscientious objection to military service.
17
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